http://www.loansafe.org/forum/ This forum is reseved for homeowners who are thinking about hiring an attorney to represent them against their lenders. Feel free to ask questions in an open forum to the attorneys who will personally respond to your questions. More states and attorneys will be added weekly. If you are an attorney who would like to join our forum , then please contact us. en Wed, 19 Jun 2013 10:03:57 GMT vBulletin 60 http://www.loansafe.org/forum/images/misc/rss.png http://www.loansafe.org/forum/ http://www.loansafe.org/forum/ask-attorneys/85373-confused-please-advice.html Sun, 09 Jun 2013 22:34:23 GMT BOA , has forgiven our past debt, kept the the same terms and our principal is back to normal... We have recevied our first statement with amount due... BOA , has forgiven our past debt, kept the the same terms and our principal is back to normal... We have recevied our first statement with amount due JULY 1. Have been in constant contact with BOA AND WAS TOLD, LAST WEEK EVERYTHING IS BACK TO NORMAL STATE... NO FORECLOSURE ON RECORD.. WE CAN SIGN IN NOW TO PAY THE MORTGAGE...

HOWEVER, OUR COURT DOCKET IS SHOWING THAT WE ARE TO HAVE A FORECLOSURE / MEDIATION ON THE 17TH.
WE HAVE NOT RECEIVED ANY PAPER WORK, AS WE WERE TOLD BECAUSE THE TERMS OF THE LOAN DID NOT CHANGE, AND THEY WERE FORGIVING THE PAST DUE AMOUNT...SO WE COULD RECEIVE A 1099 FOR THE FORGIVEN BALANCE..

WE ARE CONCERNED ABOUT THIS FORECLOSURE/MEDIATION.. I HAVE ASKED BOA, AND WAS TOLD, THE ATTORNEYS HAVE BEEN NOTIFIFED AND IT MAY TAKE THEM A WHILE TO UPDATE INFO...
THIS HAS BEEN GOING ON FOR 3 YRS... SO WE ARE THANKFUL

ANY ADVICE PLEASE? WE LIVE IN CT.
THANK YOU. ]]> Ask the Attorneys? tmc1128 http://www.loansafe.org/forum/ask-attorneys/85373-confused-please-advice.html http://www.loansafe.org/forum/ask-attorneys/85364-chase-allowed-require-multiple-interior-appraisals-mod.html Sat, 08 Jun 2013 18:16:51 GMT I've been told that my file is in underwriting for an in-house mod with Chase. They had a BPO done, but then insisted on an interior appraisal as well. I allowed it, although it was a bit of a hassle because I rent out rooms in my house and have to give notice before entering, remove the dog, etc. Then, a week later I got a call to set up an interior appraisal.....as if the first one never happened! They told me that the first appraiser (sent by Chase) didn't have the correct certification and so it would have to be done over again and measure, and take several photos of all the rooms all over again!! As if that wasn't bad enough, I was told to be prepared for several more appraisals! I was stunned, and asked if this was being done just to give me a hard time......The answer was "most likely".

Has anyone else been though this....is it allowed? Thanks for any insight on this. ]]> Ask the Attorneys? wamuchasecaligirl http://www.loansafe.org/forum/ask-attorneys/85364-chase-allowed-require-multiple-interior-appraisals-mod.html http://www.loansafe.org/forum/ask-attorneys/85292-question-not-related-foreclosure.html Sun, 02 Jun 2013 18:36:06 GMT Hi, I have a question but it isn't about modification or foreclosure. I hope that is ok.

Back in 2006 when we closed on our loan we took cash back at closing. I had been told while at the closing that the lender wanted me to pay something that was on my credit report at the closing. We took the money out of the cash we were taking back. The lawyer cut me a check for the amount made out to the company. I sent the check out to the company that at that point I THOUGHT owned the debt and they sent it back to me. I noticed the debt was no longer on my credit report and shoved the check in a box and never gave it a second thought. Through the years I have come across the check a few times while cleaning and I always just keep it in the box. After finding it yet again this week though I started thinking.. since that debt is no longer on my credit report and the lender never mentioned it again am I entitled to that money? Or does the lawyer just keep it? I am guessing it is probably too late to even do anything about it?

Thanks. ]]> Ask the Attorneys? Ughhh http://www.loansafe.org/forum/ask-attorneys/85292-question-not-related-foreclosure.html http://www.loansafe.org/forum/ask-attorneys/85276-heloc-showing-pif-2-outta-3-places-help.html Fri, 31 May 2013 15:03:30 GMT Hi All First time poster. I have a HELOC originally from GMAC which was sold to SLS(Specialized Loan Servicing). I have had nothing but problems... Hi All
First time poster. I have a HELOC originally from GMAC which was sold to SLS(Specialized Loan Servicing). I have had nothing but problems with these peeps. I decided to try for a HARP 2.0 loan thru GMAC. SLS dragged thier feet and caused enough issues during the process that I decided to use a Credit card offer and ate the 4% fee and took out the 12k$ to pay off the Heloc. I wired the funds to SLS and they promptly sent the funds back. Called SLS and the nimrods over there couldnt even tell me why the funds were returned. Insisted I had done something wrong. Wired funds again. They returned again. This time someone at SLS with half a brain told me I had put the loan into "payoff" status in there system which then necessitates "certified" funds or some such nonsense. By the time I figured all this out(3 months) GMAC said the loan app was open too long and closed the offer. Now is when it gets interesting. SLS must farm out the closing/recordation process to a 3rd party called "Security Connection". It appears when they got one of the two wires they returned they started the process of closing the heloc as tho PIF. Security connections has now sent me the original heloc loan docs(orig blue ink signatures and all) stamped PIF. And yesterday they sent me the recordation notice all stamped and notarized after being recieved by my town hall. I will be frank. I hate SLS and would love nothing more than to screw them. I guess I could simply send all these docs to the 3 CB's and ask dispute the trade line? Can they simply "re" place the same lien on my home when they discover thier error? Can I use this somehow to change the debt from secured to unsecured and then settle for less than owed? Suggestions? PS I am not normally a vindictive person but SLS has earned my wrath.

Matt ]]> Ask the Attorneys? Matt M http://www.loansafe.org/forum/ask-attorneys/85276-heloc-showing-pif-2-outta-3-places-help.html http://www.loansafe.org/forum/ask-attorneys/85252-select-portfolio-requested-motion-lift-automatic-stay.html Wed, 29 May 2013 22:51:23 GMT SelectPortfolio requested a motion to the courts to lift our automatic stay claimingwe missed April payment. My husband shows up in court...]]>
SelectPortfolio requested a motion to the courts to lift our automatic stay claimingwe missed April payment. My husband shows up in court yesterday (Tuesday May28^th) with proof in hand that we have not missed any payments. Hewas told by the judge that he was supposed to respond to the motion beforecoming to court, so the judge said we have to submit a response by June 4th(next week) and then show back up in court on June 11th.
Myhusband said when he spoke to a female rep at Select last week she mentionedthat we were four months behind. Knowing that was not true, my husband went along with it and asked herhow we could resolve this and she told him, just show up with your payment,” well my husband showed up more than that. Noone on the other side was there instead they were on the phone with the judge. My husband told the judge what the rep saidabout being 4 months behind and the judge asked the rep on the phone and herresponse was that she didn’t have that information in front of her. On top ofthat the papers we received stated that our payments are $1,776, but we wereconfirmed to pay them $500.00 plus the rears to the Trustee.

I'm like Sweet Brown...I ain't got time for this!

Peace
Dae
]]> Ask the Attorneys? JustDae http://www.loansafe.org/forum/ask-attorneys/85252-select-portfolio-requested-motion-lift-automatic-stay.html http://www.loansafe.org/forum/ask-attorneys/85245-chapter-7-bk-didnt-reaffirm-house-can-they-take.html Wed, 29 May 2013 13:49:36 GMT Hello and thank you in advance for any information you can provide. In Nov. 2011 we had our Chapter 7 BK approved, at the advice of our Lawyer, we... Hello and thank you in advance for any information you can provide. In Nov. 2011 we had our Chapter 7 BK approved, at the advice of our Lawyer, we did not reaffirm the house, as they advised us we would still be able to keep the house, just the payments would not be reported to credit bureau. They stated we would be free to walk away at any point and if we didn't want to, we would be able to keep the house. We have been running between 45-60 days past due for almost 2 years at this point, but had good communication with our provider, AHMSI. We always called in the payments and verified that as long as we didn't fall any further behind, there would be no issues. Fast forward to this past March, we got notification that our loan was sold to Ocwen. The transition seemed to be pretty seamless, however we started to get worried, perhaps needlessly, about the BK and not reaffirming the house. Each time I call them, the first question they ask is what our intentions are. We are still 45-60 days behind, but make a payment, including late fees, each month. If nothing were to change and we stayed 45-60 days behind, can they take the house, b/c we didn't reaffirm it?

We didn't reaffirm it b/c we were unsure if we would be able to even tread water at the time, but things are a bit better and we have all intention of keeping the house. 6 month prior to the BK, we were approved for the HAMP mod, our loan was caught up and interest rate dropped to 2% for the first 3 yrs. It will increase slowly over the course of the loan, maxing at 5%, however the new mod is only for 25yrs, with a balloon payment of $156,000 in year 26.
I'm probably trying for too much, but we like the idea of not being responsible for the house, if something else should come along to force us to change our course, but also don't like living with the thought that they the bank may take it at any point.
Any info or advice would be appreciated. Thank you for your time and consideration.

Jeff ]]> Ask the Attorneys? loboo14 http://www.loansafe.org/forum/ask-attorneys/85245-chapter-7-bk-didnt-reaffirm-house-can-they-take.html http://www.loansafe.org/forum/ask-attorneys/85210-summons-appear.html Sat, 25 May 2013 01:30:31 GMT My house went through the Sheriffs sale last Sept. and I just finished my 6 month redemption period here if Minnesota. I was just offered Cash for... My house went through the Sheriffs sale last Sept. and I just finished my 6 month redemption period here if Minnesota. I was just offered Cash for Key's (Which I accepted) However, I was just served papers today from the Attorney that is handling the C4K. It was an Order to show Cause, and in it states to Cancel certificate of title and to enter a new certificate of title. Is this normal? Or are they possibly looking to obtain a deficiency against me? I was under the impression Minnesota is a non-recourse state if it goes through sheriffs auction. Any help will be greatly appreciated. ]]> Ask the Attorneys? markp http://www.loansafe.org/forum/ask-attorneys/85210-summons-appear.html http://www.loansafe.org/forum/ask-attorneys/85136-1st-2nd-permanently-modified-need-advice-3rd.html Tue, 21 May 2013 12:10:07 GMT Well filed a chapter 7 in 2009 (discharged / finalized in 2009) that included the 3 mortgages. At that time all 3 were originated and held by... Well filed a chapter 7 in 2009 (discharged / finalized in 2009) that included the 3 mortgages.

At that time all 3 were originated and held by Wachovia.

The 1st and 2nd were transferred to Wells Fargo, the 3rd was charged off and apparently stayed with Wachovia.

Tried to get a modification done a couple of years ago and was turned down. Tried again last year and finally got the 1st (HAMP) and 2nd (2MP) permanently modified.

The 3rd lien is still out there. I have read through many posts here and I am not sure how best to proceed.

The 1st is about 216000 and the 2nd balance is about 60000, both total about 276000.

The tax assesment is about 250000. I looked up the estimated value and on paper it looks like it is very close to the 276000. The house needs maintence done, so I don't think it would really sell for 276000 right now, especially after sales costs or a forclosure sale. I think in either of those scenarios it would sell for 200 to 250 max.

It seems that if values go up a little the 3rd might (in theroy) be in the money a little bit and I will be facing possible forclosure?

Is it best to try to negociate a settlement on the 3rd? If so I suppose I need to send a letter to loss mitigation - but where? Wells or Wachovia?

How are 3rds delt with in this situation? Am I safe to leave it alone for a while, or should I try to modify 3rd or offer to settle? Just getting back on my feet and don't have much to use to settle it.

Bottom line I need to know how and where to go from here. ]]> Ask the Attorneys? Intrepid http://www.loansafe.org/forum/ask-attorneys/85136-1st-2nd-permanently-modified-need-advice-3rd.html